This article deals with the surprising unanimous 2012 decision to uphold racial quotas in Brazil's public universities. It argues that "the decision’s unanimity came from a constellation of metaphors and constitutional philosophies. These metaphors and philosophies, at times in tension, coalesced to form a coherent defense of protected identity classes and the state’s duty to protect them." Each vote relied on theories of the "right to difference" and drew heavily on gender theory and gender affirmative action case law, allowing Brazil's Supreme Court to vote for racial affirmative action policies while upholding Brazil's claims to aspire to racial equality.
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